Facebook Branded Content Policy Update – March 2017

On March 30, 2017, the Facebook Branded Content Policy was quietly updated (again). The most significant change is that now only Pages or profiles with access to the Branded Content Tool (BCT) are permitted to post branded content. These are significant changes to both the original policy, which I wrote about when the policy was introduced, and the last update in October 2016. Facebook Branded Content Policy

Now, the Facebook Branded Content Policy requires a non-Verified Page or profile to use the Branded Content Tool if it wishes to post branded content on the Page or profile. Although, if your Page or profile does not have access to the tool (the ‘handshake button’) you are prohibited from posting branded content. Facebook Branded Content Policy

How to get the Branded Content Tool: (For Pages Only at this time)

Facebook has made it easy for non-verified (blue check) Pages to apply for access to the Branded Content Tool. While the new policy includes both Pages and profiles, at this time non-verified profiles are not able to apply to use the BCT. If you manage more than one Page, you will need to apply for each page separately as the drop-down ‘Select Page’ option will require you to pick one only. Facebook Branded Content Policy

After clicking ‘Send’, a pop up box will appear letting you know Facebook will let you know the status of your application in 2 business days. You will find confirmation of your request in your Support Inbox. Not sure how to access the Support Inbox? Click the ‘question mark in a circle’ in the top right of the page and you’ll see Support Inbox toward the bottom. Click on that to open you inbox.

Branded content is defined as:

March 30, 2017:

… a creator or publisher’s content that features or is influenced by a business partner for an exchange of value. (emphasis mine)

Original:

… content originating from a Page owner that features third-party products, brands, or sponsors that are different from the Page owner.

October 2016:

… content originating from a Page or Profile that features third party products, brands, or sponsors that differ from the Profile or Page. (emphasis mine)

What needs to be tagged now?

I think the simplified language makes this easier to determine, pretty much everything you post because of a business relationship. Any content you post due to this business relationship you have, regardless of how you are getting compensated, must be posted using the Branded Content Tool. If you get money, goods, services, a commission, credits to use on a site, candy, some for of in-kind reciprocation, or even the all-so-exciting ‘exposure’ if the ‘exposure’ could be deemed to have ‘value’ must now be posted through the Branded Content Tool.

Anything not allowed?

Of course, this is Facebook after all. In the new policy, use of the Branded Content Tool must comply with the 5 stated parameters, most of which have been part of the policy for some time. What is new is the requirement to have consent to tag a Page.

Tagging Pages – in the past, there was no affirmative obligation to have permission to tag a Page. Now, you must have permission to tag the page. This is something you would likely want to include in a contract or get in writing since you don’t want to deal with someone who files a complaint with Facebook saying you don’t have permission.

What is NEW?

In prior versions, logos, watermarks, and graphics were not allowed in the first three seconds of any video. Now, though, Facebook permits logos, watermarks, and graphic overlays throughout the entire video.

Enforcement

There is a significant change in how Facebook will enforce the policy. In the past, violating posts were flagged and removed. Now, Facebook will hide the post from the News Feed until you correct the violation. Once corrected, the post will be visible on the News Feed again.

How would people know?

With the update, Facebook also changed how the post is designated when using the Branded Content Tool. My friend, social media expert Peg Fitzpatrick, sent me a link to show me that the post will now indicate ‘Paid’, along with the brand that is tagged. You can see below where it shows ‘Paid’ in light grey next to the time and who can see the post.

5. Comply with all applicable laws and regulations, including by ensuring that you provide all necessary disclosures to people using Facebook, such as any disclosures needed to indicate the commercial nature of content posted by you.

While the words are different, the requirement is the same as it has always been – you, not Facebook, are responsible for making the necessary disclosures.

Conclusion

Clearly, Facebook has an ongoing strategy to identify paid content being posted by users. It’s nice that this feature is being opened up to more users, but it still can trip some people up if you are working with brands that want additional ‘at mentions’ in the status text box. I think it’s pretty clear that there is a large net designed to cover a significant amount of content and Facebook plans to enforce the new policy by making you aware of the error and giving you an opportunity to correct it and get the content back into your feed. Facebook Branded Content Policy

On October 26, 2016, the Facebook Branded Content Policy was quietly updated. The most significant change was the addition of Verified Profiles to those who can use the Branded Content Tool. But there are a few small changes to the original policy, which I wrote about when the policy was introduced. Facebook Branded Content Policy Update

Now, the Facebook Branded Content Policy specifically includes the Verified Profiles in the language of the policy.

Branded content is defined as:

Before:

… content originating from a Page owner that features third-party products, brands, or sponsors that are different from the Page owner.

Current:

… content originating from a Page or Profile that features third party products, brands, or sponsors that differ from the Profile or Page. (emphasis mine)

What needs to be tagged?

This is the most confusing part. I say this mainly because as a legal professional I find the language to be somewhat vague and unclear. In addition, when talking with individuals who bill themselves as ‘Facebook marketing experts’ I do not get consistent answers and, in some cases, suggestions that would clearly violate the Branded Content policy. I’ve reached out to Facebook directly, but have never received a reply.

Images and Videos (and a whole lot more)

According to the policy, it seems that images or videos, as opposed to text content, posted to a Verified Page or Profile that is not related to the page or profile, specifically, but promotes ‘brands, products, or sponsors’ must be used in conjunction with the Branded Content Tool.

8. Third party images or videospromoting brands, products or sponsors that are unassociated with your Profile or Page, such as full-length third party video commercials, must be tagged appropriately using the Branded Content tool. (emphasis mine)

Since few would likely post a text-only status update, perhaps those who created the policy didn’t think it was important to include a text-only mention in this point. However, in the update announcement, as well as in the “Getting Started with Branded Content” document (PDF), which has not been updated, the listing of content types is more comprehensive.

On Facebook, we define branded content as any post — including text, photos, videos, Instant Articles, links, 360 videos, and Live videos — that features a third party product, brand, or sponsor. (emphasis mine)

Product Placement

The policy explicitly addresses product placement but does not define the term. As such, I go with the traditional marketing definition which is the use of branded products or services to gain exposure in visual or audio content.

9. Product placement in images or videos must be tagged appropriately using the Branded Content tool.

I think this is a wink at Native Advertising and a desire to put users on notice. Product placement in movies and television is ubiquitous. Most of the time viewers see it immediately. However, with online content from non-traditional providers consumers still need the education as to what to look for in what may otherwise look like editorial content.

FTC Compliant Disclosure

One of my issue with the original Branded Content Policy and the examples used (and still used) is the lack of legal disclosure. Compliance with the platform policy is important so you don’t get your page or profile taken down. However, legal compliance is also part of the marketing equation. I’m glad to finally see that Facebook is specifically addressing it in the policy, although it would have been nice to have the visuals associated with the policy updated to reflect this. Facebook Branded Content Policy Update

10. Profile and Page posts clearly disclosed as being sponsored or provided by a third party, such as self-disclosure within a post’s text, must be tagged appropriately using the Branded Content tool. (emphasis mine)

Facebook has always included the need to comply with all “… applicable laws and regulations …” but this is a first for specifically telling users that when promoting branded content you also need to provide self-disclosure. Definitely a ‘cya’ move on the part of Facebook to insulate them from regulatory action.

Conclusion

Generally, it’s business as usual with regard to branded content posts on Facebook. The addition of Verified Pages to the Branded Content tool functionality is a move forward in Facebook’s continuing creep of knowing what is being posted. It makes sense that the platform wants to know when sponsored, paid, or otherwise collaborative business arrangements are the basis for a status update. It gives Facebook metrics on all kinds of information. Being able to distinguish between the types of content being shared is another way for Facebook to gather data for new ways to generate revenue.

UPDATE: On October 26, 2016, Verified Profiles were added to the Facebook Branded Content Policy, allowing those with a Verified Profile to utilize the Branded Content Tool.

Throughout April (2016), the new Facebook Branded Content Policy was introduced to allow those with a Verified Page to post specific types of content. Branded content is not new to Facebook. Many influencers have been sharing branded, sponsored, and paid content for quite some time. Now, though, Facebook has established specific rules and policies that must be followed with regard to what they are calling Branded Content. Facebook doesn’t state what the consequences are for non-compliance. In a recent conversation (late April 2016) as I was preparing this article, I spoke with someone from Facebook who’s permitted to speak on these issues, and I was informed that they will begin a notification process to advise of non-compliance. This makes sense since this is a new policy and has some complexities to it.

This new Facebook Branded Content policy does not replace the need to provide FTC-compliant disclosure. Facebook is not the government and is not making any new laws or governmental regulations. This policy is Facebook-specific and is more likely an effort to manage content for which users are getting paid, and Facebook is not, than it is to provide disclosure to its users that certain content in their stream is paid or sponsored by third parties. Plain and simple, Facebook wants to know who’s getting “paid” for content that’s being posted on their platform. I use paid in quotation marks because Facebook would never know what form of compensation, if any, is provided to the influencer.

ADDED 8/31/16: Facebook has published a 43-page Facebook Branded Content document to explain the Branded Content policy and how it works with the different types of engagement. In this document, they indicate they will begin enforcing the policy and removing violating materials as of September 1, 2016. There will be an appeal process if you believe your post has been removed in error.

There seems to be some confusion about compensation. The new policy doesn’t mention compensation and use of the Branded Content Tool is not predicated on whether or not you’re getting payment of some sort. Don’t think in terms of whether or not you’re being compensated, instead think in terms of if you are promoting something other than your own brand.

Facebook defines Branded Content as:

… any post — including text, photos, videos, Instant Articles, links, 360 videos, and Live videos — that features a third-party product, brand, or sponsor.

… content originating from a Page owner that features third-party products, brands, or sponsors that are different from the Page owner.

With these two definitions, the commonality is the posting of third-party products, brands, or sponsors. Basically, this means if you’re sharing anything that is not 100% yours or related to your company or your brand you’re likely sharing what Facebook would call “branded content”.

While the new policy is short, as compared to some of their other promotion policies, it’s packed with details and highly specific prohibitions that may be confusing. So, let’s break it down.

1. You must be a Verified Page to post Branded Content. Per Facebook, “… if you see a blue badgeon a Page or profile, it means that Facebook confirmed that this is the authentic Page or profile for this public figure, media company or brand. If you see a gray badgeon a Page, it means that Facebook confirmed that this is an authentic Page for this business or organization.” If you are not a Verified Page you are prohibited from posting what Facebook defines as branded content.

In plain English: If you have, or manage, a Verified Page, are a brand or agency placing paid or sponsored content programs with influencers or are a marketing person creating cool programs that need to be amplified on Facebook, keep reading so you know the rules. If you’re not a Verified Page, you will need to become one if you want to post Branded Content (see caveat below).

In my discussions with Facebook, I’ve learned they are working on the verification request. However, due to a large number of requests recently initiated they are prioritizing verification for celebrities, public figures, sports teams, media companies, and entertainment companies. My understanding is that if you have applied to become verified you can post Branded Content in the interim. This is not an official position announced by Facebook, it’s only something I’ve been told by an individual I contacted about the Branded Content Policy update.

2. If you post content that is not within the Facebook definition of Branded Content, nothing with regard to that content has changed. Don’t get creative with your definition of your work. Everything you post on Facebook now needs to be evaluated within the Branded Content framework. Feel free to continue sharing all the cat gifs, articles that interest you, and cool things your friends have written.

3. Not all Branded Content is allowed. If you are posting video or photo content that may fit the definition of branded content, be sure to check the Facebook Branded Content Policies to see the few types of content with videos and photos that are prohibited, such as videos with title cards, videos with graphic overlays or watermarks, and ads within videos.

4. If you’re using the ‘Share’ function as part of an influencer program and posting content to your page through that Facebook functionality, that is notBranded Content. However, if that share would require FTC-compliant disclosure, appropriate disclosure should be included in the post.

5. When posting permissible Branded Content to your Verified Page, the content must be posted using the Facebook Branded Content tool (it looks like a handshake) function on Facebook. You will need to tag the third-party brand, product, or sponsor, which will appear as a linked tag at the top of the post. You can tag more than one third-party in the post, if you need.

6. What if you are an influencer (or you are working with an influencer) without a Verified Page? Branded Content would NOT be permitted; however, content from the influencer’s own blog or website would be. There has been a great deal of confusion with this, especially related to posts that contain sponsored content. If the sponsored content is on the influencer’s blog, the influencer CAN share the post from their website directly on their Facebook Page without using the Facebook Branded Content tool. Appropriate FTC-related disclosure would be required in both the post on the website as well as the post on the Facebook Page, as usual.

7.How does sharing a sponsored post work WITH a Verified Page? According to the new Branded Content Policy, “Posts that clearly disclose the content is sponsored or provided by a third party.” are allowed with the use of the Branded Content tool. This would indicate that if an influencer has created a sponsored post on their blog AND they have a Verified Facebook Page, the influencer can use, and perhaps should use, the Branded Content tool. Using the tool provides added benefits the influencer would likely want to take advantage of with regard to the post.

8. “Cover photos and profile pictures must not feature third party products, brands, or sponsors.” This is new, and while it may not apply to many people, I have seen both cover photos and profile pictures that include this now-prohibited content.

9. Appropriate FTC required disclosure is still required on all Branded Content posts. As I stated at the beginning, use of this new Facebook Branded Content tool does not change the need to provide appropriate disclosure. I don’t see this being discussed in many of the marketing-oriented articles discussing this new Facebook policy. In the announcement, Facebook clearly provided that “Publishers and influencers remain responsible for understanding their legal obligations to indicate the commercial nature of content they post.” This means that everything posted with the Branded Content tool will likely need some type of disclosure sufficient for the reader or viewer to understand that it’s content place there because of a business relationship with the brand or sponsor. We can not assume that the average Facebook user will understand that a “[Publisher] with [Brand]” in the header where the hyperlinked [Brand] tag is an indication that the post is some sort of paid content or advertisement. As of now, the FTC has not weighed in on whether the new Facebook Branded Content display is sufficient to provide the needed disclosure.

As you can see, it’s not as easy a policy to understand as Facebook may have intended, especially for bloggers and influencers who first post paid/sponsored/branded content to their own website. Clearly, if Lady Gaga is sharing content directly to her Facebook Page about her relationship with Intel that is Branded Content and the new Facebook Branded Content tool should be used. [Interesting, in the Lady Gaga example, which was used as an example by Facebook, there is no FTC compliant disclosure. I find that ironic given a few paragraphs below in that same article there is a reminder about “legal obligations to indicate the commercial nature of content”.]

Meet Sara F. Hawkins

I’ve been a licensed attorney for nearly 20 years & can say that I made a good choice. I’ve been practicing as a social media lawyer long before the term “social media” was coined. I have both an MBA & a JD, & did that on purpose. Read more about me »

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